Shanil Nethicumara files FR seeking interim order to prevent arrest

 

Shanil Nethicumara, who is involved in his family business run under the name of SALAKA, has filed a Fundamental Rights Petition in the Supreme Court seeking an Interim Order preventing CID from arresting him over an allegation that he posed a death threat to Wijith Wijesuriya over Anika Wijesuriya giving evidence at the Bond Commission against Minister Ravi Karunanayake.

The petitioner filed this Fundamental Rights petition through his counsel Sanath Wijewardane naming IGP Pujith Jayasundara, CID Director Shani Abeysekara and the Attorney General as respondents.

The Petitioner states that what was essentially a personal dispute has been deviously manipulated by 4th Respondent Wijith Wijesuriya the brother of Anika Wijesuriya and other interested parties into an allegation of threats to a witness before the Bond Commission.

The petitioner said he became aware that the aforesaid Anika Wijesuriya, who studied at the same school with the Petitioner, too had been called to give evidence before the said Bond Commission, pertaining to an apartment allegedly purchased by the aforesaid Arjun Aloysius from Anika Wijesuriya, which was being occupied and subsequently allegedly purchased by MP Ravi Karunanayake.

The petitioner stated that on or about the 14th October 2017 at round 1.30 AM, he visited the night club named Love Bar Club located at 58A, Horton Place, Cinnamon Gardens, Colombo 7 which is a usual location the Petitioner visits during the weekends.

The Petitioner had a few drinks of liquor from the aforesaid club and later on towards dawn he walked up to the Gents’ Washroom and waited in the queue to enter the same.

The 4th Respondent Wijith Wijesuriya who appeared to be under the influence of liquor came from behind a curtain at the entrance of the wash room and started a quarrel with the Petitioner accusing him of being instrumental in the breakup of the love affair between him and the Petitioner’s sister.

The Petitioner categorically states he never threatened the 4th Respondent in respect of Anika Wijesuriya’s evidence against Ravi Karunanayake MP. He states that even though the exchange of words was a heated exchange it related to what transpired in the early hours of the day at the Love Bar club and the 4th Respondent’s conduct in respect of his sister.

The Petitioner states that he became aware through the media that Yasantha Kodagoda PC, Additional Solicitor General had on 17thOctober 2017 informed the Bond Commission, that the Petitioner had made death threats against Anika Wijesuriya.

The Petitioner states that when he became aware of the above on the 17th October 2017 he lodged a complaint with the Cinnamon Gardens Police Station against the 4th Respondent for assaulting and threatening him at the said Love Bar club on 14th October 2017.

The Petitioner states that on 18th October 2017, several national newspapers too reported that Additional Solicitor General Mr. Yasantha Kodagoda PC informed the Bond Commission 17th October 2017 that Anika Wijesuriya who gave evidence before the Presidential Commission fled the country due to death threats posed to her by various parities affiliated with Minister Ravi Karunanayake.

The Petitioner states that the newspaper articles implied that ASG Yasantha Kodagoda had informed the Bond Commission that the Petitioner posed death threats to Anika Wijesuriya directly.

The Petitioner states that he was taken by surprise to read the claim that Anika Wijesuriya fled the country due to death threats posed to her by the Petitioner, as he learned from reports published in internet that Anika Wijesuriya left the country on 6th October 2017 before 7 to 8 days from the date on which the telephone conversations occurred.

The Petitioner further states that it has been alleged in the media that, Anika Wijesuriya’s entire first week of October was spent in Bali and thereafter en route to London she had arrived in Colombo on 5th October 2017 in the aircraft bearing No EK 349 at 1.55 a.m. The Petitioner states that as per the same article, from 2.08 a.m. of 5th October 2017 she was in Colombo until she left the country from aircraft bearing No. EK 655 on 6th October 2017 at to 10.10 p.m.

The Petitioner verily believes that accordingly Anika Wijesuriya was during the said time period spending a vacation out of the country and the position that she fled the country due to any death threats is far from truth.

The Petitioner states that in all the afore mentioned newspapers, it was reported that ASG Yasantha Kodagoda stressed that an investigation must be carried out with regard to the incident and that the Police protection must be provided to family members of Anika Wijesuriya under Protection of Victims of Crime and Witnesses Act No 4 of 2015. The Petitioner states that as per the newspaper articles, Anika Wijesuriya was already been named as a witness under the Protection of Victims of Crime and Witnesses Act No 4 of 2015.

The Petitioner states that by the contents of all newspaper articles aforementioned, the inference made was that the Petitioner posed death threats to the 4th Respondent over Anika Wijesuriya giving evidence at the Bond Commission against former Minister Ravi Karunanayake.

The Petitioner states that on October 20th 2017, a national newspaper reported that the Criminal Investigation Department had commenced investigations into the alleged incident of posing death threats to Anika Wijewardana and the investigation is carried out in relation to Minister Ravi Karunanayake and the Petitioner who was again described therein as a cousin’s  son of the former Minister Ravi Karunananyake.

The Petitioner states that he apprehends that he will be subject to arrest by the Criminal Investigation Department under the provisions of the Assistance to and Protection of Victims of Crime and Witnesses Act No 4 of 2015, which stipulates that bail can be granted only under exceptional circumstances by the Court of Appeal.

The petitioner also seeking an interim order directing the CID Director to take appropriate steps according to law to prevent  the owners or managers or employees of the Love Bar Club from tampering with the CCTV cameras installed at the club and from deleting/destroying any footage recorded in the system on 14th October 2017.

 

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